Section 489 IPC: Tampering with property mark with intent to cause injury

Indian Penal Code, 1860

Section 489 IPC at a Glance

Section 489 IPC deals with tampering with property mark with intent to cause injury. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 346 BNS.

Punishment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 346 →

Section 489 IPC Bare Act Text

489. Tampering with property mark with intent to cause injury

Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Source: Section 489, Indian Penal Code, 1860

Section 489 IPC in Simple Words

Section 489 of the Indian Penal Code (IPC) punishes removing, destroying, defacing or adding to any property mark, intending or knowing it to be likely that injury may thereby be caused to any person. Under Section 479 IPC, a property mark is a mark denoting that movable property belongs to a particular person.

Under Section 44 IPC, injury denotes any harm illegally caused to any person in body, mind, reputation or property. The punishment is imprisonment of either description for a term which may extend to one year, or fine, or both.

The offence is non-cognizable and bailable, triable by any Magistrate, and not compoundable under Section 320 CrPC.

Ingredients of Section 489 IPC

  • A property mark denoted that movable property belonged to a particular person
  • The accused removed, destroyed, defaced or added to that property mark
  • The accused acted intending or knowing it to be likely that he may thereby cause injury to any person

Punishment Under Section 489 IPC

Imprisonment

Imprisonment of either description for a term which may extend to one year, or fine, or both.

Fine

The court may impose a fine alone, or fine in addition to imprisonment. The statute specifies no upper limit.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Tampering with a property mark intending or knowing that injury is likely to be caused carries imprisonment of either description for up to one year, or fine, or both.

Example of Section 489 IPC

In 2018 at a timber yard in Jabalpur, Mohan branded his distinctive symbol onto forty cut teak logs as a property mark denoting that the logs belonged to him. Karan, a rival contractor, secretly burned extra lines over the symbol on fifteen logs with a hot iron so that Mohan's ownership mark was altered beyond recognition. Karan added to and defaced the property mark intending to cause financial injury to Mohan when the timber was collected. Karan is punishable under Section 489 IPC.

When Section 489 IPC Does Not Apply

  • The symbol or label that was altered is not a property mark denoting that movable property belongs to a particular person.
  • The property mark was worn away or damaged accidentally without any intention or knowledge that injury would likely result.
  • The person who removed or altered the property mark acted lawfully without intending or knowing it to be likely that any person would suffer injury.

Section 489 IPC in the BNS

Section 489 IPC is now covered under Section 346 BNS.

Section 489 IPC corresponds to Section 346 BNS, with identical wording and the same punishment.

View detailed comparison (IPC 489 vs BNS 346) →

FAQs on Section 489 IPC

What does Section 489 IPC punish?▼

Section 489 IPC punishes removing, destroying, defacing or adding to any property mark, intending or knowing it to be likely that injury may thereby be caused to any person.

What is the punishment prescribed under Section 489 IPC?▼

The court may award imprisonment of either description for a term which may extend to one year, or fine, or both.

What constitutes a property mark under Section 489 IPC?▼

Under Section 479 IPC, a property mark is a mark used for denoting that movable property belongs to a particular person.

Must actual injury be caused for an offence under Section 489 IPC?▼

No. The offence is complete when the mark is tampered with intending or knowing that injury is likely to be caused to any person.

Is adding to a property mark punished under Section 489 IPC?▼

Yes. Section 489 IPC explicitly covers adding to a property mark as well as removing, destroying, or defacing it.

Is Section 489 IPC bailable and cognizable?▼

Section 489 IPC is bailable and non-cognizable under the First Schedule to the Code of Criminal Procedure, 1973.

Which court tries an offence under Section 489 IPC?▼

The offence is triable by any Magistrate.

Can an offence under Section 489 IPC be compounded?▼

No. Section 489 IPC is not listed in Section 320 CrPC and cannot be compounded.

Where is Section 489 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 346 BNS, in Chapter XVIII, Of Offences Relating to Documents and to Property Marks.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·